NEW YORK SUPPLEMENT - 2ND SERIES - LEGAL REPORTER

Landlord Didn't Deliver Timely Copy of Termination Notice to DHCR

February 15, 2020    

Landlord sued to evict rent-controlled tenant for creating a nuisance by permitting a "horrific bed bug infestation to develop." Tenant asked the court to dismiss the case because landlord failed to deliver...

Vacancy Deregulated Apartment Not Reregulated by HSTPA

February 15, 2020    

Landlord sued to evict tenant, claiming that tenant's apartment was exempt from rent stabilization due to high-rent vacancy. Tenant claimed that he was rent stabilized. The court ruled against tenant, who...

Six-Year Rule Applied to Overcharge Claim Pending When HSTPA Took Effect

February 15, 2020    

Landlord condominium unit owner sued to evict tenant from the unit. Tenant claimed that he was rent stabilized because the building received J-51 tax benefits and that he had been overcharged. The court ruled for...

Person Attacked by Tenant's Dog Can Sue Landlord

February 15, 2020    

A woman who was injured after a tenant's dog bit her sued the building's landlord. Landlord asked the court to dismiss the case, claiming that it wasn't responsible for the dog bite. The court ruled...

Landlord Didn't Submit Lease or Ledger to DHCR

February 12, 2020    

The DHCR's Tenant Protection Unit (TPU) filed a complaint with the DRA claiming that landlord had overcharged tenant. The DRA found there was a willful overcharge since landlord failed to produce sufficient proof...

Look-Back Period in Pending Case Extended from Four to Six Years

February 12, 2020    

Tenants commenced a class action against landlord for rent overcharge and improper deregulation of a building receiving J-51 tax benefits. After the Housing Stability and Tenant Protection Act of 2019 (HSTPA) amended...

Fee on Late-Paid Rent Likely Unreasonable and Unenforceable

February 12, 2020    

Landlord sued tenant for nonpayment of base rent and additional rent owed under tenant's lease. The court ruled for landlord, finding that tenant defaulted in rent payments. Tenant appealed and won. The late fees...

Loft Board Should've Let Tenants Withdraw Loft Law Coverage Application

February 12, 2020    

Four tenants applied for Loft Law coverage in 2014. In 2015, landlord and tenants signed a settlement agreement, submitted to the Loft Board, providing that tenants would withdraw the coverage application and...

Tenants Didn't Prove Loft Law Coverage Applied

February 12, 2020    

Tenants applied for Loft Law coverage for their units under Multiple Dwelling Law Article 7-C. The NYC Loft Board ruled against tenants, who then filed an Article 78 court appeal of the Loft Board's decision. The...

Landlord Not Required to Inspect Smoke Detector

February 12, 2020    

Tenant sued landlord after he was injured during a fire in his apartment. Tenant claimed that landlord failed to provide an operable smoke detector because it didn't regularly inspect the smoke detector. The...

Building Code Doesn't Require 24-Hour Elevator Service

January 29, 2020    

Former loft tenant, now subject to rent stabilization, sued landlord and HPD to obtain elevator accessibility. Tenant lived on the fifth floor, and the elevator was available only during business hours on weekdays,...

Net Lessee Has Standing to Commence Eviction Proceeding

January 29, 2020    

Landlord sued to evict hotel-stabilized permanent tenant for nonpayment of rent. Tenant claimed that landlord, a net lessee, didn't have standing to bring the eviction proceeding. The court ruled against tenant,...